New Bill Seeks to End Detention and Shackling of Pregnant Individuals in Immigration Custody, Mandates Healthcare Access

This proposed legislation, the "Stop Shackling and Detaining Pregnant Women Act," sets significant new rules for how U.S. immigration authorities handle individuals who are pregnant, lactating, or have recently given birth (up to one year postpartum, or longer if medically necessary).

Rethinking Detention for Expecting and New Mothers

The core change? The bill generally prohibits the Department of Homeland Security (DHS) from detaining pregnant, lactating, or postpartum noncitizens while their immigration cases are decided. It mandates pregnancy testing during initial medical screenings and requires the immediate release of anyone identified in these categories already in custody (Sec 3). Detention would only be allowed under very specific "extraordinary circumstances": if the individual is determined to pose an immediate and serious risk of physical harm to others, and no alternative-to-detention program can manage that risk. If someone is detained under this exception, their case must be reviewed weekly to see if detention is still necessary. Even if facing a final deportation order, detention for a pregnant person is limited to the minimum time needed, capped at 5 days. Think of someone awaiting their immigration hearing – under this bill, if they are pregnant, they would typically be released to community support programs instead of being held in a detention facility, unless officials make a specific finding of immediate, serious danger that can't otherwise be mitigated.

Setting New Standards for Care and Dignity

For those few who might still be detained under the narrow exceptions, or during the brief pre-removal period, the bill mandates specific humane treatment standards (Sec 4). It enacts a near-total ban on using restraints – defined broadly to include handcuffs, leg irons, belly chains, etc. – on pregnant, lactating, or postpartum individuals. Restraints are forbidden during labor and delivery, and only permissible in other situations if there's an immediate and serious risk of harm or an immediate and credible risk of escape that can't be managed otherwise, using only the least restrictive option necessary. Leg, waist, and four-point restraints are explicitly banned. Any use of restraints must be documented and reported. The bill also emphasizes privacy during medical exams and requires non-medical staff presence only when essential, maintaining distance and respecting gender preference where possible. Critically, it guarantees access to comprehensive healthcare, including prenatal care, delivery, postpartum care, mental health services, substance use treatment, lactation support, and family planning options like abortion services, all requiring informed consent.

Keeping Tabs and Raising Awareness

Transparency and training are key components. The bill requires DHS to inform detained individuals of these rights in a language they understand (Sec 5). It also mandates training for DHS staff and contractors on these new standards, both upon hiring and annually. Furthermore, detention facilities must meticulously track and report data quarterly to DHS (Sec 6). This includes every instance restraints are used on pregnant individuals, the number of pregnant people detained, their length of stay, and detailed pregnancy outcomes (births, miscarriages, etc.). DHS must then audit this data and report summaries annually to Congress and the public (with personal information removed), aiming to create accountability for how these policies are implemented on the ground. The Secretary of Homeland Security is tasked with creating regulations to ensure these standards are met across all facilities handling immigration detainees.